N.K.Assumi (Advocate) 01 August 2015
Government servant is being tried for offence under IPC, who is also facing departmental inquiry under various heads of charge. The Judge who is trying the criminal case against the said government servant is a witness in departmental inquiry. Question is, whether the judge who is a witness in the departmental inquiry is disqualify to try the criminal case under the maxim of Nemo Debet esse judex in propria causa?
T. Kalaiselvan, Advocate (Advocate) 12 August 2015
You are right Mr. Assumi. The judicial officer should recluse himself from trying this case.
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